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2025 DAILYLAW 150958 (ALL)

TRIBHUVAN AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

A482/5652/2025 · 2025-07-18

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:41207 Court No. - 15 Case :- APPLICATION U/S 482 No. - 5652 of 2025 Applicant :- Tribhuvan And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Hari Om Singh,Ravi Shankar Jaiswal Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Hari Om Singh, the learned counsel for the applicants as well as Sri Hans Raj Verma, the learned A.G.A. and perused the record. 2. By means of the present application under Section 482 Cr.P.C. the applicants have sought quashing of the impugned charge sheet dated 05.05.1998, the summoning order dated 16.06.2000/26.07.2000 passed by the Court of Additional Chief Judicial Magistrate-I, Faizabad in Crl. Case No.363 of 2006 arising out of Case Crime No. 171 of 1998 under Sections 467, 468, 420 I.P.C. relating to Police Station Pura Kalan, District- Faizabad. 3. The aforesaid case was instituted on the basis of an FIR lodged on 29.03.1998 regarding some property dispute between the parties. The trial Court had taken cognizance of the offence by means of an order dated 16.06.2000/26.07.2000. The validity of the cognizance order was challenged by the applicant in Criminal Revision No.89 of 2001, which was partly allowed by means of an order dated 15.02.2002 passed by the 10th Additional Session Judge, Faizabad providing that the criminal proceedings shall be kept in abeyance till a final decision is taken by the Civil Court. The revisional Court specifically provided that the accused persons shall place the final outcome of civil proceedings before the trial Court and the trial Court shall proceed accordingly. 4. The learned counsel for the applicant has submitted that the civil dispute has attained finality and the applicant has attained success in the civil proceedings before the Civil Court as well as before the Appellate Court. However, it appears that the the civil dispute has not been placed before the trial Court in compliance of the order dated 15.02.2002. 5. In these circumstances, it appears that the applicants have erred in approaching this Court by invoking its inherent jurisdiction, without approaching the trial Court in compliance of the order dated 15.02.2002 passed in Criminal Revision No.89 of 2001. 6. In view of the aforesaid discussion, there is no ground for making interference in the present application. 7. The application is misconceived and the same is dismissed accordingly. . (Subhash Vidyarthi,J.) Order Date :- 18.7.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench